Negotiating and Drafting Marital Agreements

Negotiating and Drafting Marital Agreements
Publication Date: 2016
Electronic Forms: 101
Available Formats: Print (729 pages, softcover, 1 volume, forms CD)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 859

Information

Content Highlights:
  • The Marital Agreement: Tactics, Strategy, and Ethics
  • Nonmarital, Premarital, and Reconciliation Agreements
  • Support and Property
  • Provisions in Separation and Support Agreements
  • Custody and Visitation Agreements and Arrangements
  • Standard Provisions
  • Income Tax Planning Considerations in Divorce and Separation

“The only Virginia practice manual devoted to the law and practice of drafting marital agreements, this comprehensive book includes detailed discussion of the statutory and case law which underlie the wording of the agreement clauses. Thus, the practitioner is armed not only with the legal and practical reasons for the chosen language, but the tools to defend their choice of wording.”

- Richard E. Crouch, editor

Separation agreements are a significant and vital part of every divorce lawyer’s practice. Negotiating and Drafting Marital Agreements provides sample clauses and over 100 forms for creating a marital agreement that is tailored to the needs of both clients while meeting the requirements of Virginia’s statutory scheme. Prepared by experienced practitioners, the forms include alternative language that may suggest creative solutions to the most difficult dilemmas that can arise when couples separate.

Revisions in this 2016 edition take into consideration the U.S. Supreme Court’s decision in Obergefell v. Hodges, recognizing same-sex marriages. The revisions also reflect proposed changes to the visitation language in the Virginia statutes that are being studied by the VBA for the 2017 legislative session.


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Table of Contents

CHAPTER LIST

1. The Marital Agreement: Tactics, Strategy, And Ethics

2. Nonmarital, Premarital And Reconciliation Agreements

3. Support And Property Provisions In Separation And Support Agreements

4. Custody Agreements And Parenting Arrangements

5. Standard Provisions In Marital Agreements

6. Income Tax–Planning In Divorce And Separation


CHAPTER 1: THE MARITAL AGREEMENT: TACTICS, STRATEGY,
AND ETHICS

1.1 THE MARITAL AGREEMENT GENERALLY
    1.101 Advantages
    1.102 Caveats
    
1.2 ETHICAL CONSIDERATIONS
    1.201 In General
    1.202 The Virginia Rules of Professional Conduct
    1.203 Communication with the Client
    1.204 Client Confidences
    1.205 Conflicts of Interest Generally
    1.206 Identifying the Client
    1.207 Subsequent Representation
    1.208 Fees
    1.209 Representing an Impaired Client
    1.210 Misconduct

1.3 EVALUATING THE CLIENT’S POSITION
    1.301 Information to Be Obtained from the Client
    1.302 Information to Be Provided to the Client
    1.303 Maintaining Communication with the Client
    1.304 Controlling the Client

1.4 ADDITIONAL CONSIDERATIONS
    1.401 Client Activities
    1.402 Emotional Concerns
    1.403 Other Considerations

1.5 THE ESSENCE OF NEGOTIATION
    1.501 “Negotiation” Defined
    1.502 Elements of Negotiation
    1.503 Negotiating Styles and Techniques
    1.504 Creativity
    1.505 Reasonable Demands and Ultimatums
    1.506 Compromise
    1.507 Ranking the Client’s Priorities
    1.508 Conduct Conducive to Settlement
    1.509 Readiness for Trial
    1.510 Summary

1.6 STRATEGIES AND TACTICS
    1.601 Initial Contact with the Opposition
    1.602 Nature of Contact
    1.603 Additional Tactics to Break an Impasse or Gain
    Leverage

APPENDIX 1-1: MARITAL AGREEMENT CHECKLIST

APPENDIX 1-2: CLIENT INTERVIEW

APPENDIX 1-3: CLIENT FACT SHEET

APPENDIX 1-4: CHECKLIST OF SUPPORTING DOCUMENTS
TO BE FURNISHED IF APPLICABLE

APPENDIX 1-5: SCHEDULE OF ASSETS AND LIABILITIES

APPENDIX 1-6: MASTER INFORMATION LIST

APPENDIX 1-7: INCOME/EXPENSE EXHIBIT

APPENDIX 1-8: CHILD-REARING EXPENSES CHECKLIST

APPENDIX 1-9: CUSTODY GUIDELINES

APPENDIX 1-10: INFORMATION AND FEE AGREEMENT FOR
DOMESTIC RELATIONS MATTERS

APPENDIX 1-11: CHECKLIST ON BUSINESS VALUATIONS

APPENDIX 1-12: INTEREST IN A CLOSELY HELD
CORPORATION

APPENDIX 1-13: OWNERSHIP IN A CASH BUSINESS

APPENDIX 1-14: CONTRACT FOR MEDIATION

APPENDIX 1-15: MEMORANDUM OF UNDERSTANDING—
SAMPLE PARAGRAPHS

APPENDIX 1-16: MOTION TO APPOINT JUDGE PRO TEMPORE

APPENDIX 1-17: STIPULATION TO APPOINT JUDGE PRO
TEMPORE

APPENDIX 1-18: ORDER APPROVING APPOINTMENT OF
JUDGE PRO TEMPORE

APPENDIX 1-19: SUMMARY CHECKLIST OF PRACTICAL
CONSIDERATIONS BEARING ON THE
NEGOTIATION/LITIGATION PROCESS

APPENDIX 1-20: ADDENDUM FOR PROTECTED IDENTIFYING
INFORMATION—CONFIDENTIAL

CHAPTER 2: NONMARITAL, PREMARITAL, AND
RECONCILIATION AGREEMENTS


2.1 NONMARITAL AGREEMENTS
    2.101 In General
    2.102 Theories of Recovery
    2.103 Express Contract Theory
    2.104 Cohabitant Claims in Virginia
    2.105 Written Agreements Between Cohabitants

2.2 PREMARITAL AGREEMENTS
    2.201 The Virginia Premarital Agreement Act
    2.202 Case Law Under the Premarital Agreement Act
    2.203 Reasons for Premarital Agreements
    2.204 Consideration
    2.205 Requisites for Validity
    2.206 Attacks on Validity
    2.207 Void Marriages
    2.208 Contents of Agreement
    2.209 Drafting Considerations
    2.210 Marital Agreements

2.3 RECONCILIATION AGREEMENTS

APPENDIX 2-1: PARTNERSHIP AGREEMENT

APPENDIX 2-2: PREMARITAL AGREEMENT

APPENDIX 2-3: SAMPLE NONABROGATION PARAGRAPH FOR
MARITAL AGREEMENT

APPENDIX 2-4: RECONCILIATION AGREEMENT

APPENDIX 2-5: PREMARITAL AGREEMENT—SHORT FORM

CHAPTER 3: SUPPORT AND PROPERTY PROVISIONS IN
SEPARATION AND SUPPORT AGREEMENTS


3.1 SUPPORT AND PROPERTY PROVISIONS GENERALLY
    3.101 Preparation
    3.102 Tax Considerations
    3.103 Practical Aspects
    3.104 Undisclosed Assets
    3.105 Nonincluded Assets
    3.106 Merger Versus Nonmerger
    3.107 Effect of Reconciliation
    3.108 Marital or Reconciliation Agreements

3.2 CHILD SUPPORT PROVISIONS
    3.201 In General
    3.202 Modification by Court
    3.203 Temporary Provisions
    3.204 Amount of Child Support
    3.205 Duration of Child Support
    3.206 Modification
    3.207 Waivers, Indemnification, or Prepayment
    3.208 Enforcement
    3.209 Use of Funds and Accountability
    3.210 Dependency Tax Exemption
    3.211 College Education
    3.212 Bankruptcy
    3.213 Trust Funds
    3.214 Child Health Insurance Coverage

3.3 SPOUSAL SUPPORT PROVISIONS
    3.301 In General
    3.302 Special Considerations
    3.303 Temporary Provisions
    3.304 Waivers
    3.305 Fault Grounds
    3.306 Amount of Support
    3.307 Duration of Support
    3.308 Modification
    3.309 Enforcement
    3.310 Cohabitation

3.4 UNITARY SUPPORT PROVISIONS
    3.401 In General
    3.402 Modification

3.5 OTHER SUPPORT CONSIDERATIONS
    3.501 Liability of the Payor’s Estate
    3.502 Automatic Modification Provisions
    (“Escalator Clauses”)
    3.503 Medical and Dental Expenses
    3.504 Disability Benefits Policy
    3.505 Joint Income Tax Returns
    3.506 Attorney Fees for Enforcement
    3.507 Emergency Funds
    3.508 Debts

3.6 PERSONAL AND REAL PROPERTY GENERALLY
    3.601 Judicial Authority
    3.602 Taxes
    3.603 Enforcement

3.7 REAL PROPERTY
    3.701 In General
    3.702 Transfer to One Owner
    3.703 Sale of Property
    3.704 Entireties Property
    3.705 Marital Residence

3.8 PERSONAL PROPERTY
    3.801 In General
    3.802 Division of Property
    3.803 Specific Personal Property
    3.804 Motor Vehicles
    3.805 Deferred Compensation (Pension, Profit-Sharing,
    and Retirement Benefits)
    3.806 Partnerships
    3.807 Corporations
    3.808 Loans
    3.809 Trusts

3.9 LIFE INSURANCE
    3.901 In General
    3.902 Where No Protection Is Needed
    3.903 Where Protection Is Needed for a Support Recipient
    3.904 The Policy Itself
    3.905 Transfer of Ownership to the Beneficiary
    3.906 Death Benefits
    3.907 Beneficiary Designation Revoked by Divorce

APPENDIX 3-1: PROVISION ALLOWING FOR LATER INSERTION
OF OMITTED LANGUAGE

APPENDIX 3-2: UNDISCLOSED/NOT INCLUDED ASSETS

APPENDIX 3-3: EFFECT OF RECONCILIATION

APPENDIX 3-4: TEMPORARY CHILD SUPPORT PROVISIONS

APPENDIX 3-5: REGULAR CHILD SUPPORT PROVISIONS—
INFORMATION AND GENERALLY

APPENDIX 3-6: REGULAR CHILD SUPPORT PROVISIONS—
APPLICATION OF GUIDELINES

APPENDIX 3-7: REGULAR CHILD SUPPORT PROVISIONS—
FINANCES OF THE PARTIES

APPENDIX 3-8: REGULAR CHILD SUPPORT PROVISIONS—
AMOUNT AND DURATION

APPENDIX 3-9: CHILD SUPPORT GUIDELINES WORKSHEETS

APPENDIX 3-10: EMANCIPATION EVENT

APPENDIX 3-11: MODIFICATION PROVISIONS

APPENDIX 3-12: DEPENDENCY EXEMPTION PROVISIONS

APPENDIX 3-13: EDUCATION PAYMENT PROVISIONS

APPENDIX 3-14: EDUCATIONAL TRUST FUND PROVISIONS

APPENDIX 3-15: MEDICAL AND DENTAL PROVISIONS

APPENDIX 3-16: WAIVERS AND RESERVATIONS

APPENDIX 3-17: LUMP SUM SPOUSAL SUPPORT PROVISIONS

APPENDIX 3-18: LUMP SUM SPOUSAL SUPPORT PAYABLE
MONTHLY

APPENDIX 3-19: LUMP SUM PAYABLE PARTLY UPON
EXECUTION AND BALANCE MONTHLY

APPENDIX 3-20: MONTHLY FIXED SPOUSAL SUPPORT

APPENDIX 3-21: MONTHLY VARIABLE SPOUSAL SUPPORT
FOR A NON-FIXED TERM

APPENDIX 3-22: MONTHLY FIXED LEVEL SPOUSAL SUPPORT
FOR FIXED TERM (OF MORE THAN THREE YEARS)

APPENDIX 3-23: MONTHLY FIXED LEVEL SPOUSAL SUPPORT
FOR TERM OF THREE YEARS OR LESS

APPENDIX 3-24: SPOUSAL SUPPORT FOR THREE-YEAR
PERIOD—PARTIAL NONMODIFIABILITY

APPENDIX 3-25: MONTHLY STAGGERED SPOUSAL SUPPORT
FOR FIXED TERM (OF MORE THAN THREE YEARS)

APPENDIX 3-26: TAX CONSEQUENCES

APPENDIX 3-27: REINSTATEMENT ALIMONY

APPENDIX 3-28: OBLIGATION OF ESTATE

APPENDIX 3-29: SPOUSAL SUPPORT MODIFICATION
PROVISIONS

APPENDIX 3-30: COHABITATION

APPENDIX 3-31: OTHER SUPPORT CONSIDERATIONS—
DISABILITY

APPENDIX 3-32: OTHER SUPPORT CONSIDERATIONS—
TAX RETURNS

APPENDIX 3-33: COUNSEL FEES

APPENDIX 3-34: EMERGENCY FUND

APPENDIX 3-35: DEBTS

APPENDIX 3-36: SPOUSAL SUPPORT IN LIEU OF PROPERTY

APPENDIX 3-37: TAX EFFECTS OF PROPERTY TRANSFERS

APPENDIX 3-38: REAL PROPERTY PROVISIONS

APPENDIX 3-39: PERSONAL PROPERTY PROVISIONS

APPENDIX 3-40: MOTOR VEHICLES

APPENDIX 3-41: DEFERRED COMPENSATION

APPENDIX 3-42: PARTNERSHIPS, CORPORATIONS, BUSINESS
INTERESTS, LOANS, AND TRUSTS

APPENDIX 3-43: LIFE INSURANCE

CHAPTER 4: CUSTODY AGREEMENTS AND PARENTING
ARRANGEMENTS

4.1 INTRODUCTION
    4.101 Reasons for Negotiation
    4.102 Definitions of Custodial Arrangements
    4.103 Advising Clients of the Distinctions Between Terms

4.2 JOINT CUSTODY
    4.201 In General
    4.202 Joint Custody/Parenting Arrangements
    4.203 Benefits of Joint Custody
    4.204 Disadvantages of Joint Custody
    4.205 Considering and Preparing for Joint Custody

4.3 JOINT LEGAL CUSTODY
    4.301 Joint Custody with “Physical Custody” to
    One Parent
    4.302 Joint Custody with “Primary Residence”
    4.303 Avoiding the Words “Custody” and “Visitation”
    Altogether
    4.304 Joint Custody with Residency Restrictions
    4.305 Joint Custody with Parenting Time Restrictions

4.4 SOLE CUSTODY WITH PARENTING TIME

4.5 FACTORS TO CONSIDER IN ANY CUSTODY AGREEMENT
    4.501 Parenting Time
    4.502 Embattled Parents
    4.503 Preferred Method
    4.504 Restrictions
    4.505 Advance Notice
    4.506 Grandparents’ and Others’ Third-Party Custody
    and Visitation Rights
    4.507 Travel Costs
    4.508 Relocation
    4.509 Withholding a Child from the Other Parent
    4.510 Failure to Agree
    4.511 Child’s Wishes
    4.512 Denigration and Alienation
    4.513 Communications and Information Sharing
    4.514 Reduced Support Payments
    4.515 Emergencies
    4.516 Alcohol or Drug Abuse
    4.517 Mental Health Concerns
    4.518 “Special Day” Clauses
    4.519 Access to Firearms
    4.520 Changes in Circumstances
    4.521 Provisions Allowing Mental Healthcare Professionals
    to Testify in Future Proceedings

4.6 USEFUL PUBLICATIONS

APPENDIX 4-1: SOLE CUSTODY

APPENDIX 4-2: SOLE CUSTODY; PARENTING TIME PROVISIONS

APPENDIX 4-3: SOLE CUSTODY; JOINT CUSTODY DURING
PARENTING TIME WITH PROVISION FOR PARENTING
TIME OUTSIDE THE UNITED STATES

APPENDIX 4-4: JOINT CUSTODY ARRANGEMENTS

APPENDIX 4-5: SHARED CUSTODY

APPENDIX 4-6: SPLIT CUSTODY

APPENDIX 4-7: DIVIDED CUSTODY

APPENDIX 4-8: JOINT (LEGAL) CUSTODY WITH PRIMARY
RESIDENCE AND SPECIFIC SCHEDULE

APPENDIX 4-9: JOINT CUSTODY: SCHEDULE AND CHANGES
AS APPROPRIATE

APPENDIX 4-10: (“BIRDNEST”) JOINT CUSTODY

APPENDIX 4-11: JOINT LEGAL CUSTODY WITH PRIMARY
RESIDENCE

APPENDIX 4-12: JOINT CUSTODY DURING PARENTING TIME

APPENDIX 4-13: CHILDREN’S RELIGIOUS UPBRINGING

APPENDIX 4-14: JOINT CUSTODY, LEGAL RESIDENCE WITH
ONE PARENT (CHILD’S BEST INTERESTS)

APPENDIX 4-15: PARENTING TIME PROVISIONS THAT AVOID
USE OF THE WORD “CUSTODY”

APPENDIX 4-16: RELOCATION PROVISIONS

APPENDIX 4-17: PARENTING TIME RESTRICTION (OTHER
PERSON)

APPENDIX 4-18: EXAMPLES OF PARENTING TIME SCHEDULES

APPENDIX 4-19: PARENTING TIME RESTRICTION (ALCOHOL)

APPENDIX 4-20: SAFETY AND MORAL RESTRICTIONS

APPENDIX 4-21: GRANDPARENTS’ VISITATION

APPENDIX 4-22: FINANCIAL PROVISIONS

APPENDIX 4-23: CHANGE IN CIRCUMSTANCES

APPENDIX 4-24: COOPERATIVE PARENTING

APPENDIX 4-25: FAMILY COMMUNICATION

APPENDIX 4-26: INFORMATION SHARING

APPENDIX 4-27: MEDICAL CARE

APPENDIX 4-28: PARENT COORDINATOR PROVISION

CHAPTER 5: STANDARD PROVISIONS IN MARITAL
AGREEMENTS


5.1 POST-NUPTIAL (MARITAL) AGREEMENTS GENERALLY
    5.101 In General
    5.102 The Comprehensive Agreement
    5.103 Relation to Contracts in General

5.2 INTRODUCTORY CLAUSES
    5.201 Preamble and Recitals
    5.202 “Personal Lives” or “Freedom to Live” Provision

5.3 COUNSEL, ENFORCEMENT, AND WAIVERS
    5.301 Representation by Counsel
    5.302 Validity of Agreement
    5.303 “Binding on Heirs and Assigns” Provision
    5.304 Attorney Fees
    5.305 Releases and Waivers

5.4 INCORPORATION, MERGER, AND OTHER
MISCELLANEOUS PROVISIONS
    5.401 Incorporation and Merger
    5.402 “Additional Instruments” Provision
    5.403 Modification
    5.404 Reconciliation
    5.405 Inducement to Agreement
    5.406 Interest
    5.407 Bankruptcy
    5.408 Other Provisions

APPENDIX 5-1: EXAMPLES OF STANDARD PROVISIONS USED
IN SEPARATION AGREEMENTS

APPENDIX 5-2: CONSENT ORDER

APPENDIX 5-3: SAMPLE SEPARATION AGREEMENT I

APPENDIX 5-4: SAMPLE SEPARATION AGREEMENT II

APPENDIX 5-5: PROVISION FOR WAIVER OF ESTATE RIGHTS

APPENDIX 5-6: CLAUSE TO TERMINATE A REVOCABLE TRUST

APPENDIX 5-7: SAMPLE ESTATE PLANNING PROVISIONS

APPENDIX 5-8: SAVING CLAUSE FOR BENEFIT WAIVER
PROVISIONS

CHAPTER 6: INCOME TAX PLANNING IN DIVORCE AND
SEPARATION


6.1 INTRODUCTION

6.2 ALIMONY
    6.201 Pre-1985 Rules
    6.202 Tax Reform Act of 1984
    6.203 Tax Reform Act of 1986
    6.204 Current Alimony Rules

6.3 CHILD SUPPORT
    6.301 Pre-1985 Rules
    6.302 Current Law
    6.303 Mixed Payments (Part Alimony, Part Child Support)

6.4 TRANSFERS OF PROPERTY BETWEEN SPOUSES AND
FORMER SPOUSES
    6.401 Pre-1985 Rules
    6.402 The Tax Reform Acts of 1984 and 1986
    6.403 Current Rules
    6.404 Transfer of Retirement Benefits
    6.405 Promissory Notes and Related Issues
    6.406 Miscellaneous Issues

6.5 DEPENDENCY EXEMPTION FOR CHILDREN
    6.501 Tax Reform Act of 1984
    6.502 Dependency Exemption Phaseout Rules

6.6 COLLATERAL INCOME TAX CONSIDERATIONS
RELATING TO CHILDREN
    6.601 Medical Expense Deduction
    6.602 Dependent Care Credit
    6.603 Child Tax Credit
    6.604 Earned Income Tax Credit
    6.605 Health Insurance Cost Credit
    6.606 Filing Status
    6.607 Deductibility of Legal Fees

6.7 ENTITLEMENT TO TAX REFUNDS
    6.701 In General
    6.702 Applicable Law

6.8 INNOCENT SPOUSE, SEPARATE LIABILITY, AND
EQUITABLE TAX RELIEF
    6.801 In General
    6.802 Innocent Spouse Rules—I.R.C. § 6015(b)
    6.803 Separate Tax Liability for Divorced and Separated
    Taxpayers—I.R.C. § 6015(c)
    6.804 Equitable Relief—I.R.C. § 6015(f)
    6.805 Making the Election

TABLE OF AUTHORITIES

INDEX


Authors

Editor

Richard E. Crouch, Crouch & Crouch, PLLC / Arlington (Expand/Collapse Bio)

Richard E. Crouch, editor of this handbook, is a partner in Crouch & Crouch, PLLC, in Arlington, Virginia, where he practices in the areas of family law and attorney professional responsibility. Mr. Crouch is a Fellow of the American Academy of Matrimonial Lawyers and the International Academy of Matrimonial Lawyers, was the original editor of the Family Law Reporter for the Bureau of National Affairs (BNA), and edits the Virginia State Bar’s Family Law News. He has been a Neutral Case Evaluator for the Fairfax Circuit Court. Formerly, he chaired the State Bar’s Disciplinary Committee for Virginia’s largest district. He is available as an expert witness and as counsel in disciplinary hearings. Mr. Crouch began his legal career with Crouch & Crouch in 1964 before joining the U.S. Army’s Judge Advocate General’s Corps. He is a member of the International Society of Family Law and the Arlington, Virginia, and American Bar Associations. Mr. Crouch worked extensively on codes of ethics for divorce mediators and is the Virginia reporter for the A.B.A. Family Law Section’s Family Law in the Fifty States program. He has served on several State Bar Family Law Section Committees and on the A.B.A. Family Law Section’s Task Force on Federal Legislation, and he has co-chaired the A.B.A.’s Custody Committee. Mr. Crouch is the author of Family Law Checklists, published by Thomson-Reuters, and Interstate Custody Litigation, published by BNA. He also wrote The Legal Status of Homemakers in Virginia, published by the Government Printing Office.

Authors

Edward D. Barnes, Barnes & Diehl, P.C. / Chesterfield (Expand/Collapse Bio)

Edward D. Barnes, author of Chapter 1, is the founder and President of Barnes & Diehl, P.C., the largest law firm in Virginia devoted to the practice of family law. He has been President of the American Academy of Matrimonial Lawyers, Virginia Chapter (2009-2011). He is a Fellow of the American Academy of Matrimonial Lawyers (Chicago). He is on the faculty at the University of Richmond School of Law, teaching Ethics in Family Law. He has been named Family Lawyer of the Year for Richmond for 2009 and 2015 by The Best Lawyers in America. He was voted one of the Top 10 Lawyers in Virginia by Super Lawyer magazine and by Richmond magazine in 2008, 2009, and 2011. Mr. Barnes is the recipient of the 2008 Lifetime Achievement Award from the Virginia State Bar, Family Law Section. He is founder and Chairman of the National Center for Family Law at the University of Richmond School of Law; Past Chair of the Board of Governors of the Virginia State Bar, Family Law Section (2004-2005); and a Fellow of the Virginia Law Foundation. He has been listed in The Best Lawyers in America for 20 years and has been listed in Virginia Business magazine’s “Legal Elite” every year since its inception. He was named Distinguished Alumnus of the Year for 2006 by the University of Richmond School of Law. He has served as President of the Chesterfield-Colonial Heights Bar Association, as well as the Metro Richmond Family Law Bar Association and has been selected “Legal Eagle” by Virginia Living magazine (2012). He is a frequent MCLE speaker and contributor to publications regarding family law matters. He is also a member of the MENSA Society and an instrument-rated airline pilot.

Craig D. Bell, McGuireWoods, LLP / Richmond (Expand/Collapse Bio)

Craig D. Bell, co-author of Chapter 6, is a partner in the Richmond office of McGuireWoods, LLP, where he is Chair of the law firm’s Tax and Employee Benefits Department. He practices primarily in the area of state and local tax and tax litigation. Mr. Bell is the law firm’s head tax litigator in federal, state, and local tax disputes at the trial and appellate levels. Mr. Bell holds a B.S. and an M.B.A. from Syracuse University and received his J.D. from the State University of New York at Buffalo. He earned an LL.M in Taxation from the Marshall-Wythe School of Law at the College of William and Mary. Mr. Bell is an adjunct professor at the Marshall-Wythe School of Law, where he teaches IRS Practice & Procedure and Tax Litigation, and also teaches at the U.S. Army’s Law School. He is a Master of the Edgar J. Murdock Inn of Court for Tax and former President and Director of the Community Tax Law Project, a nonprofit provider of pro bono legal representation for low-income Virginia taxpayers in U.S. Tax Court and federal district courts. Mr. Bell is former Chair of the tax sections of the Virginia State Bar and Virginia Bar Association as well as a past chair of the Virginia State Bar’s Military Law Section. He is also a frequent lecturer on tax issues for a number of law and accounting professional organizations and tax conferences. Mr. Bell is Chairman of the Board of Directors of a publicly owned commercial bank headquartered in central Virginia. Mr. Bell has received a number of peer accolades including election as a Fellow, American College of Tax Counsel; Fellow, American Bar Foundation; Fellow, Virginia Law Foundation; and inclusion in The Best Lawyers in America in tax and tax litigation for a number of years. Before entering private practice, Mr. Bell spent six years on active duty in the United States Army as a Judge Advocate General. He continued his military service for an additional 21 years before retiring from the Army Reserve where he served as the Tax Advisor to The Judge Advocate General of the U.S. Army and as a Professor of Law at The Judge Advocate General’s Legal Center and School located in Charlottesville, Virginia.

David Horowitz, Hottell Family Law Group, P.C. / Fairfax (Expand/Collapse Bio)

David Horowitz, co-author of Chapter 4, is a principal at Hottell Family Law Group, P.C., where his practice is devoted exclusively to Virginia domestic relations law. Mr. Horowitz is widely recognized for guiding clients in the settlement of sensitive family law issues and for vigorous representation if a client’s problem results in litigation. His litigation experience covers the full spectrum of family law disputes including custody, visitation, divorce, equitable distribution, enforcement, protective orders, and child and spousal support. Mr. Horowitz seeks out speaking engagements where he can share his knowledge and strategic insights about Virginia Domestic Relations Law with interested private groups, associations, communities and other organizations. He is also an active member of the Fairfax Bar Association’s CLE Committee and Virginia’s Public Safety Workgroup for Autism. Mr. Horowitz received his B.A. from James Madison University, his M.A. from Rensselaer Polytechnic Institute, and his J.D. from George Mason University School of Law.

Dennis M. Hottell, Hottell Family Law Group, P.C. / Fairfax (Expand/Collapse Bio)

Dennis M. Hottell, co-author of Chapter 4, is the founder of Hottell Family Law Group, P.C, and for more than 37 years has focused his practice on matrimonial and family law. He represents clients throughout Northern Virginia who are challenged with the full range of domestic relations issues. He has an extensive and successful track record in the complex and often misinterpreted child custody and visitation rights of grandparents and third parties as well as custody cases involving intimate partner violence. He is a Certified Fellow of the American Academy of Matrimonial Lawyers (AAML), a Fellow of the International Academy of Matrimonial Lawyers, a past-President of the Virginia Chapter of the AAML, and a member of the Association of Family and Conciliation Courts (AFCC). Mr. Hottell’s outstanding legal skills are also recognized by Martindale-Hubbell who consistently awards him the highest rating as an AV-rated attorney. He has been recognized in Virginia Super Lawyers and Northern Virginia magazine as a “Top Divorce Lawyer” and is listed in The Best Lawyers in America. In 2014, Mr. Hottell was appointed to Chair the AAML’s Domestic Violence Task Force Committee, and he drafted the resolution that the AAML adopted as their policy on domestic violence. Under his leadership, the Virginia AAML Chapter voted overwhelmingly in 2014 to file an amicus brief in the Bostic Federal Appellate Court case, which overturned Virginia’s ban on same-sex marriages. Mr. Hottell has particular expertise in child custody and visitation, and in November 2013 he spearheaded a report for the Virginia Bar Association’s Family Law Coalition advising the Virginia General Assembly on the child custody and visitation rights of grandparents and third parties. Mr. Hottell has served the profession as a leader in the Virginia State Bar, having been appointed for two terms by Governor Tim Kaine and Governor Terry McAuliffe to Virginia’s Child Support Guideline Review Panel. He is a sought after speaker on family law issues at numerous CLE programs, including being a featured speaker at the AFCC/AAML 2015 Conference on Advanced Issues in Child Custody on “De Facto Parenting” (i.e. third-party custody) and Intimate Partner Violence in Custody Cases. Mr. Hottell received his B.A. from Gonzaga University and his J.D. from Gonzaga University School of Law.

Melanie Hubbard, Malinowski Hubbard, PLLC / Fairfax (Expand/Collapse Bio)

Melanie Hubbard, co-author of Chapter 3, is a partner with the firm of Malinowski Hubbard, PLLC, and focuses her practice exclusively on family law. Ms. Hubbard previously served as a judicial law clerk for The Honorable LeRoy F. Millette, Jr. at both the Court of Appeals of Virginia and the Supreme Court of Virginia, during which time she researched Virginia law extensively and assisted Justice Millette in preparing case opinions. Following Ms. Hubbard’s tenure as a judicial law clerk, she returned to the practice of family law. Ms. Hubbard obtained her B.A. from the Pennsylvania State University’s Schreyer Honors College and her J.D. from George Mason University School of Law, where she was a member of the Moot Court Board.

David D. Masterman, Masterman Krogmann, P.C. / Vienna (Expand/Collapse Bio)

David D. Masterman, author of Chapter 2, is a principal in the firm of Masterman Krogmann PC, in Vienna, and has been in private practice with a focus on family law for over 30 years. Mr. Masterman received his undergraduate degree from Grinnell College in Iowa, where he was selected for Phi Beta Kappa, and obtained his law degree from the University of Virginia School of Law in 1984. Mr. Masterman is a member of the American Academy of Matrimonial Lawyers and is a past chair of the Family Law Section of the Virginia State Bar. He is also a frequent CLE lecturer for various organizations throughout the state. Mr. Masterman is a member of the American Academy of Matrimonial Lawyers and is listed in the resource book The Best Lawyers in America in the field of family law.

Margaret B. McNamara, Betsy H. Phillips, PLLC / Rustburg (Expand/Collapse Bio)

Margaret B. McNamara, co-author of Chapter 3, practices family law and criminal defense and also serves as a guardian ad litem for children. Ms. McNamara graduated from Appalachian State University in Boone, North Carolina, with a degree in International Public Relations and obtained her J.D. in 2007 from Liberty University School of Law. She co-authored and presented a 2012-2013 Virginia MCLE course entitled Basic Divorce Law. Ms. McNamara is a panel attorney with the Lynchburg chapter of the Virginia Legal Aid Society and a certified attorney for the Virginia Indigent Defense Commission. She also serves on the Board of Directors for Elizabeth’s Early Learning Center in Lynchburg, Virginia and the Friends Committee of the Presbyterian Home and Family Alliance of Lynchburg, Virginia.

Betsy Harwood Phillips, Betsy H. Phillips, PLLC / Rustburg (Expand/Collapse Bio)

Betsy Harwood Phillips, co-author of Chapter 3, practices law in Rustburg, Virginia, concentrating in the area of family law. Ms. Phillips received her J.D. from the University of Richmond School of Law in 1983. She served as President of the Lynchburg Bar Association’s Family Law Section in 1990-1991 and has served as Chair, Vice Chair, and member of numerous committees of that organization. She was also a member of the Virginia State Bar’s Family Law Section Board of Governors from 1994 to 1998 and Co-Chair of the Family Law Section’s Committee on Attorney Fees in Family Law Matters in 1995 and 1996. She served as Chairman of the Family Law Section Board of Governor’s Adoption sub-committee, has served two terms on the 9th District Disciplinary Committee, which she chaired for three years, and has served on the faculty of the Supreme Court’s Professionalism Course from 2001-2004. Ms. Phillips has published a book, Family Law for Paralegals, and has been a speaker at continuing legal education programs on adoption and ethics in custody cases. She is a member of the American Academy of Adoption Attorneys, and a presenter of Basic Divorce Law (or How We Really Do the Things We Do), a Virginia- approved MCLE (5.5 hr.) course offered in 2012 and 2013.

Bradley A. Ridlehoover, McGuireWoods, LLP / Richmond (Expand/Collapse Bio)

Bradley A. Ridlehoover, co-author of Chapter 6, is an associate in the Richmond office of McGuireWoods, LLP. He practices primarily in the area of tax controversy matters, including assisting clients with Internal Revenue Service (IRS) audits, administrative appeals, and tax litigation. He represents individuals, businesses, and estates before the U.S. Tax Court and federal district courts. Mr. Ridlehoover has experience handling cases involving income, estate, gift, and excise tax matters. He is an adjunct professor at the School of Business at Virginia Commonwealth University, where he currently teaches federal income tax, and he also works with law students at the College of William and Mary who are participating in its Federal Tax Clinic class to represent low-income taxpayers before the IRS and the U.S. Tax Court.

William C. Scott IV, MartinWren, P.C. / Charlottesville (Expand/Collapse Bio)

William C. Scott IV (widely known as “Scotty” Scott), author of Chapter 5, is an experienced Virginia domestic relations attorney who has represented family law clients throughout Virginia for over 17 years. Mr. Scott is a trial lawyer who has helped hundreds of clients navigate complex areas of divorce litigation, including equitable distribution of property, child support, spousal support, and child custody and visitation disputes. Mr. Scott is also trained in the collaborative law process and, in appropriate cases, represents clients in this form of alternative dispute resolution. Mr. Scott lectures frequently at continuing legal education conferences and has spoken on a wide variety of domestic relations topics to members of the Virginia State Bar and the Virginia Trial Lawyers Association. Such topics include valuing closely held corporations; relocation of parent and child in a child custody case; determining the separate and marital shares of real estate utilizing the Brandenburg formula, and protecting clients in separation agreements when one party may file for bankruptcy. He has also written a number of articles on divorce law matters, including co-authoring an article entitled “Private Schools and Child Support” for the VTLA Journal. Mr. Scott was elected Chairman of the Virginia Trial Lawyers Association’s statewide Family Law Section, serving from 2006 to 2007, and he currently serves on the Virginia State Bar Family Law Section’s Board of Governors. Since 2011, Mr. Scott has been recognized by The Best Lawyers in America as a leading divorce lawyer in Virginia. In 2012, he was named a “Legal Eagle” by Virginia Living magazine, and the Richmond Times-Dispatch named Mr. Scott as one of Virginia’s “Top Rated Lawyers” in the area of domestic relations law.

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